Finding the Right Lawyer for your Case

DO I NEED AN ATTORNEY?

Q. I had a drunk driving arrest; I think I was guilty, but everyone tells me I should get a lawyer. Why should I bother?

A. After being arrested for drunk driving, DUI or DWI, many people feel so ashamed that they believe they should just go into court and beg for mercy, or just go into court and plead guilty to driving drunk and take their punishment. However, the person arrested for drunk driving is not the best person to analyze the facts of the case. Even if they have legal training in the specialized area of DUI or DWI (which is not usually the case), someone accused of driving drunk does not have the objectivity required to scrutinize the case for all of its weaknesses.

Thankfully, our American system of justice requires that the prosecution has the burden of proving the guilt of anyone accused of DUI or DWI beyond a reasonable doubt. This is the same legal standard used in the most serious of criminal cases. It is not "just a DUI"; drunk driving, or driving under the influence of alcohol is a serious charge, with serious consequences, and the legal standards that apply reflect this.

A qualified DUI lawyer or DWI attorney will be able to analyze the case through the eyes of a trained professional. A qualified DUI attorney will know the difference between someone that feels guilty, and someone that is guilty, based on the legal standards that apply.

Before leaping to the conclusion that someone is guilty, and heaping upon them all of the burdensome DUI consequences that flow from that, there is much work to be done. A DUI lawyer will review the police reports; a DUI lawyer will suppress evidence that should be kept out; a DUI lawyer will get calibration records and accuracy checks of the breath machine; a DUI lawyer will have blood samples retested by an independent lab; a DUI lawyer will use weaknesses in the case to negotiate a better deal with prosecutors; a DUI lawyer will go to court on your behalf, so you don't have to disrupt your normal schedule; a DUI lawyer will get expert witnesses for you to support your case; a DUI lawyer will represent you to protect your driver's license.

In short, a qualified DUI lawyer will know what to do to protect you, even if you feel guilty. There is a big difference to feeling guilty, and being guilty.

If you've been charged with a crime, you need qualified, professional help. Click here to find a lawyer near you that knows drunk driving defense.

DEFENSES IN DUI / DWI CASES

Q. What are some possible defenses to DUI or DWI? If the machine says I'm above the legal limit, I must be guilty, right?

A. Not necessarily. There are many defenses to DUI or DWI cases, and these should be explored before even considering pleading guilty to DUI or a related drunk driving offense.

There are many defenses available to people accused of DUI or DWI. Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, the defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge.

It is perfectly legal to drink and drive. It only becomes illegal where a person is under the influence. "Under the influence" is defined differently in each state, but generally means that a person has been drinking (or taking drugs) to the extent that their physical and mental abilities are so impaired that they no longer have the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

Defenses to the criminal charges may arise from many different areas, and consultation with a DUI or DWI defense attorney is critical to determine which may apply in a given case. An experienced DUI or DWI lawyer will know what type of driving patterns are consistent with sobriety, what the field sobriety tests reveal, what factors can influence the chemical testing, and make it unreliable.

A DUI or DWI lawyer will know whether the defendant's BAC was rising, and was below the legal limit at the time of driving, but above the limit when the arresting officer got around to testing it. This is known as the rising BAC defense. It is illegal to drive a car under the influence of alcohol, or to drive a car with a BAC that is above the legal limit; that is different that simply being above the legal limit at the time the test was done. Alcohol is absorbed into the body over time. Many factors, such as drinking pattern and stomach contents, can impact how quickly the alcohol gets into the system. It is quite possible for someone to be below the legal limit at the time of driving, only to have their alcohol level increase with the passage of time, to a point of being above the legal limit at the time of the breath or blood test.

Other defenses relate to the reliability of the chemical test results. Some people, for example, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction unless fully explored by a qualified DUI or DWI defense lawyer.

Every state has laws about the maintenance, calibration, and accuracy of the breath testing equipment used to test people arrested for DUI, DWI, or drunk driving. Perhaps the breath-testing device was improperly calibrated. Perhaps the person operating the machine hasn't been properly trained or certified in testing DUI suspects. A criminal defense lawyer who practices general criminal defense may not even know where to look for this information. A DUI defense lawyer, on the other hand, will.

A well-qualified DUI or DWI defense lawyer will know of defenses in the following areas:

› Driving
› Probable cause
› Miranda
› Implied consent warnings
› "Under the influence"
› Blood-alcohol concentration
› Testing during the absorptive phase
› Retrograde extrapolation
› Regulation of blood-alcohol testing
› License suspension hearings

FINDING THE RIGHT LAWYER

Q. I've been arrested for DUI /DWI ; I know I should get a lawyer, but how do I find the right lawyer to help with my drunk driving case?

A. After being arrested for DUI or drunk driving, the first and most important thing to do is to find the right lawyer for you. It is just like needing to find a doctor to do an important medical procedure; once you find the professional, your job is just to lie there and let the professional do the work.

At 1 800 DUI LAWS, we have found qualified DUI lawyers to recommend to you to help with your drunk driving case. Unlike the yellow pages, or other forms of advertising that will allow anyone with a check book to participate, 1 800 DUI LAWS uses a thorough screening process to ensure that only well qualified lawyers with excellent track records are included.

Each of our member lawyers has a proven history of success at going to trial in appropriate cases; of being reachable and returning calls promptly; of attending conferences and lectures emphasizing DUI or DWI defense; and of belonging to one of several state and national organizations dedicated to defending those accused of DUI or DWI.

1 800 DUI LAWS is not a referral service; it is an association of qualified DUI lawyers. We do not take money and refer the cases elsewhere. We are a network of individual lawyers that are committed to providing the best defense for people accused of DUI, DWI, or any kind of drunk driving offense.

One of the DUI LAWS Member Attorneys is available to help right now. Click here to find one near you.

AFFORDING THE RIGHT DRUNK DRIVING LAWYER

Q. How much does it cost to hire a qualified DUI lawyer to help with my drunk driving case?

A. The cost of a DUI defense attorney varies due to many factors. Geographic location; reputation; skill and training; the number of hours required for a particular case. Each of these factors, and more, can affect the fee charged by a DUI attorney to defend a drunk driving case. Other factors include the facts of the particular case, whether an accident or other aggravating factor is involved, whether the person has prior DUI or DWI convictions, whether a jury trial is necessary, whether a DMV or driver's license hearing is necessary, whether an expert witness is necessary, and whether a jury or court trial is necessary.

While each of the lawyers affiliated with 1 800 DUI LAWS may charge a different fee, they all have a few things in common:

1. There is no charge to consult with a DUI or DWI lawyer to discuss the facts of your case.
2. All costs, fees, and charges are made clear, so there are no surprises or hidden costs later.
3. There is always a written retainer agreement, specifying all of the details.

Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case is an important decision. There is a lot at stake. We know that no matter how many cases we've handled, or whom we've represented before, the only case that matters to you is yours. You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. Often, payment plans are possible with one of our DUI lawyers. A well-qualified DUI lawyer is just a toll-free phone call away.

CONFIDENTIALITY

Q. Can you keep a secret?

A. Absolutely. All of our member DUI and DWI lawyers know that they can't help you if you can't trust them with the truth. A criminal defense lawyer's job is to help the accused, to make sure that no one is convicted unless the prosecution proves each and every element of the crime charged beyond a reasonable doubt. A criminal prosecution is a serious situation, and if you stand accused, you need serious help.

There is no cost or obligation for a consultation with a qualified drunk driving lawyer in your area. Click here to find a DUI lawyer near you.